Last week, the Wall Street Journal published an excellent article highlighting the importance of the United States patent system to the prosperity of our economy. Although the United States has the most robust and respected patent system in the world, recent Supreme Court decisions—Bilski, Mayo, and Alice—pose a threat to our nation’s status as the global leader in IP. These cases introduce unnecessary uncertainty regarding the type of innovation that can be patented. The inventions in the software and medical diagnostic fields have been affected the most. It is great to see that mainstream media is taking a stand against erosion of the U.S. patent system.

The Supreme Court’s unwillingness to fix the mess it has created leaves a single solution that American inventors and patent attorneys have been urging for years—a Congressional action overriding the Supreme Court case law. As the WSJ correctly recognized, a strong patent system is the cornerstone of American economy. Patents protect American inventors and start-ups against large corporations, thus promoting innovation on a nationwide scale.

We are hopeful that the Congress will step up and take necessary action to bring the much needed order into the American patent system. Our economic prosperity and our status as the global leader in IP are at stake. A strong patent system fosters innovation and cultivates ingenuity.

Our take: It is nearly impossible to achieve economic success in a technology-related business without a strong patent portfolio. Smith & Hopen understands this firsthand, and we are proud of our reputation for successfully defending our clients’ patent rights against the biggest tech corporations—including winning a Federal Circuit appeal against Apple, Inc.

We agree with the call for Congressional action and applaud the Wall Street Journal for basing its IP-related articles on the expertise of the leading practitioners. (Not to brag, but, over the years, the Wall Street Journal has consulted and relied on the expert opinion of our managing partner Anton Hopen.)

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